HomeMy WebLinkAbout12-18-06
~
r
(
;1....1 ' 06:> ,- a ~.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF RUTH R. RAILING, DECEASED
RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT
This Receipt, Release and Indemnification Agreement (hereinafter called the "Release") is given
this ~ Day of December 2006, by LEE LEIDIGH, 2911 Enola Road, Carlisle, Pennsylvania,
17013, (hereinafter called the "Beneficiary") to and in favor of Manufacturers and Traders Trust
Company, Executor of the Ruth R. Railing Estate (hereinafter called the "Bank").
WITNESSETH:
WHEREAS, the Beneficiary, pursuant to the Last Will and Testament of Ruth R. Railing is
beneficially interested in the above referenced estate; and
WHEREAS, it is the intention and desire of the Beneficiary that the Bank make the final
distribution described herein;
NOW, THEREFORE, intending to be legally bound hereby, the Beneficiary represents, warrants,
covenants and agrees as follows:
1. Examination of Formal Accounting. The Beneficiary does hereby declare that they have examined
and approved the formal accounting submitted to the Beneficiary by the Bank and finds the same to
be true, correct and satisfactory in all respects.
2. Receipt. The Beneficiary requests the above named Bank to make distribution of the following
property (adjusted for subsequent income and expenses) and effective upon delivery to r-the
o g
undersigned of the property shown as distributable, acknowledges receipt of such pro~ ~
Principal Cash $359,414.94 , .~! ~ P ~
Income Cash 1.485.06 : ':~o: S3 co
$360 900.00 J) ^
'__ 00 ""0
The Beneficiary does further acknowledge that the aforesaid distribution represents th~~rrefici~'s
: - :::0 r-
entire interest in the above referenced estate and is being made in full and comp1ete~atisfac"fron
,~ <::)
thereof. Ul
~ Release. Having reviewed and examined the said formal accounting, and upon having received the
above described property distribution, the Beneficiary does by these presents remise, release, quit-
claim and forever discharge the Bank, its employees, successors and assigns, from all actions, suits,
payments, accounts, reckonings, claims and demands whatsoever, for or by reason of its
administration of the above referenced estate, or any other act, matter, cause or thing whatsoever.
4. Indemnification. The Beneficiary agrees to indemnify the Bank and hold it harmless, to the extent of
any funds or assets received by the Beneficiary hereunder, from and against the Beneficiary's pro rata
share of any and all liabilities, losses, damages, costs, verdicts, judgments, awards and expenses
(including attorney's fees and other costs or expenses of defense) to which the Bank may be subjected
n
~~Q
,,)
Q
_.J....J
r-:;
,.'1'1
CO)
C') C)
..-r"j -T.'
"~I
C)
['n
..'
.
t
by reason of its administration of the estate, as well as the settlement thereof by means of an informal
distribution. The Beneficiary further agrees to:
1. Refund or return, promptly upon the Bank's written demand, any funds or assets distributed by
the Bank to the Beneficiary, if the distribution thereof is determined at any time to have been an
erroneous or negligent distribution to the Beneficiary, whether such error or negligence was or
was claimed to have been premised upon a mistake of law or of fact.
2. Modify and displace any otherwise applicable period limiting the time within which the Bank's
action to collect an erroneous or negligent distribution must be commenced, so as to provide that
the Bank need not commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Bank shall have obtained actual knowledge
of such error or negligence.
The provisions of this Release shall be deemed severable in the event that one or more thereof shall
be deemed invalid or unenforceable, with the effect that the remaining provisions shall persist as if such
invalid or unenforceable provision had never been a part hereof. In addition, the construction, effect,
validity and performance of this Release shall be governed in all respects by the laws of the
Commonwealth of Pennsylvania, without regard to its conflict of laws provision.
This Release shall bind the Beneficiary, their heirs, representatives, successors, and assigns together
with any person with respect to whom the Beneficiary is a natural or appointed guardian.
The Beneficiary hereby acknowledges that this Release may be filed at any time, at the discretion of
the Bank, with any court of competent jurisdiction, and the Beneficiary consents to any such filing.
IN WIlNESS WHEREOF, the Beneficiary has executed and sealed this Release on the date first
above inscribed. c--
378
Social Security No.:
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
On this Ljrf... Day of December 2006, before me, the undersigned authority, personally came LEE
LEIDIGH Known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Release and acknowledged that s/he executed the same for the purpose therein contained.
Witness my hand and official seal the day and date aforesaid.
A~ ?l{~ (SEAL)
Notary Public
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gwendolyn E. Killian, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 22, 2008
Member, Pennsylvania Association Of Notaries